Legal Opinion

Noble County v. Rogers

Indiana Supreme Court

Decided March 27, 2001No. 57S03-0003-CV-218PublishedCited by 38 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

SULLIVAN, Justice.

After a court overturned a restraining order that a county building inspector had obtained against {Crystal Rogers, she sought damages under a trial rule that awards costs and damages to those wrongfully enjoined by governmental entities. Both the trial court and the Court of Appeals held that Rogers could recover under the trial rule despite the immunity provisions of the Indiana Tort Claims Act. We hold that Rogers is not entitled to damages because the county's conduct was not wrongful for purposes of the trial rule.

Background

In November, 1996,…

2Cases cited27 opinions

  1. Price v. StateIndiana Supreme Court · 1993
  2. Cotner v. HopkinsCourt of Appeals for the Tenth Circuit · 1986
  3. Baldwin v. ReaganIndiana Supreme Court · 1999
  4. Celebration Fireworks, Inc. v. SmithIndiana Supreme Court · 2000
  5. A Woman's Choice-East Side Women's Clinic v. NewmanIndiana Supreme Court · 1996

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3Cited by38 opinions

  1. Prime Mortgage USA, Inc. v. NicholsIndiana Court of Appeals · 2008
  2. James Ripps v. State of IndianaIndiana Court of Appeals · 2012
  3. Liberty Mutual Insurance Co. v. OSI Industries, Inc.Indiana Court of Appeals · 2005
  4. James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc.Indiana Supreme Court · 2014
  5. Marriage of McMahon v. McMahonIndiana Court of Appeals · 2004

33 more not listed; retrieve them via the Exa API.

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